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The party seeking the entry of an ex parte order of protection has a high burden of proof and must demonstrate ?[a]n immediate and present danger of abuse to the petitioner.?
Tennessee law does not currently allow a previously issued order of protection to be removed from public records even if the order is later dismissed.
If your order of protection was filed in Circuit or Chancery court, then you have to file your appeal to the Tennessee Court of Appeals. You need to file a document with the Circuit or Chancery court that says you want to appeal your case.
In order to fight an order of protection in Tennessee, you can file a dismissal form provided by TN courts. This form can be found at TNCourts.gov. After filling out this form, file it with the county clerk's office. In Tennessee, the orders can be dismissed only by the same judge who signed the initial order.
The Women's Law Organization defines a ?mutual? order of protection that prohibits both parties from abusing, molesting, or interfering with the privacy or rights of each other.
Note: There is no statute of limitations on the abuse for filing an order of protection, and there is no requirement to file a police report or other criminal charges to obtain order of protection relief. Venue is waived unless the respondent appears in court and objects to the venue.